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1. Definitions |
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In
these conditions the following words and expressions shall
have the following meanings:-
- Site means the Internet websites within topjobs PLC group.
- Terms means these terms and conditions of sale.
- We/Us means topjobs PLC.
- You means the company, recruiter advertiser or candidate
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1. Our
Obligations and Limitation of Liability |
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1.1
We will use reasonable skill and care in providing
the Services to you.
1.2 We are proud of our Site, its resilience
and reliability, but cannot give any warranty as to its
performance or operation, or the accuracy of any data held
on it.
1.3 We will use all reasonable endeavours
to ensure that the Site is in working order during the term
of this Agreement. However we cannot warrant that the use
of the Site will be uninterrupted or error-free.
1.4 We shall have no liability to you
for:
(a) any economic loss of any kind whatsoever,
including without limit loss of profit, business contracts,
revenues or anticipated savings, or
(b) for damages to your reputation or
goodwill; or
(c) for any loss resulting from any claim
made by any third party; or
(d) for any special, indirect or consequential
loss or damage of any nature whatsoever.
1.6 We shall not be deemed to be in breach
of this Agreement or otherwise liable to you for any delay
in performance or the non-performance of any of its obligations
in this Agreement to the extent that it is due to circumstances
beyond our control (including without limitation as a result
of server crashes, deletions, corruption, loss or removal
of data).
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2. Your
Warranties and Obligations |
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2.1
You warrant and represent to us that
(b) all information provided by you for adverts or banners etc:
(i) is complete, accurate and true;
(ii) complies with the requirements of all relevant
legislation and statutorily recognised regulatory authorities
(including the Advertising Standards Authority) for the
time being in force such territories as the Client Microsite
shall be made available; and
(iii) is not defamatory, threatening, abusive or
obscene, does not infringe any third party intellectual
property rights and does not contain any other unlawful
content.;
2.2 You shall indemnify and keep us indemnified
against all claims, costs, expenses or liability whatsoever
arising as a result of your breach or non-performance of
any of the provisions of these Terms.
2.3 It shall be your responsibility to remove any
Job adverts or services, you acknowledge that we reserve the
right to invoice you a in respect of any full branding or marketing
or any other services supplied which are displayed for any amount
of time Terms and Conditions.
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3. Intellectual
Property Rights |
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3.1
Any rights (including without limitation, revenue rights
and intellectual property rights of any nature (such as,
confidential information, copyright, database rights, know-how,
trade marks and trade names)) created or generated as a
result of the operation of the Site during the course of
this Agreement shall belong to us.
3.2 You hereby grant a world-wide, perpetual, non-exclusive
right and licence to us to use the Client Microsite for
inclusion in the Site and in any other manner together with
the right to grant sub-licences to any third party on such
terms as we may determine.
3.3 Nothing in this Agreement shall be deemed to
be the sale or licence of any rights by us to you including
without limit any intellectual property rights of any nature.
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4. Force
Majeure and Frustration of Contract |
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4.1
We have no liability to you for any loss or damage arising
out of circumstances outside our reasonable control including
as examples only strikes, labour disputes, fires, floods,
accidents or breakdowns of machinery or equipment, or breach
of contract by our own or suppliers. In any such circumstances
we shall be entitled at any time without prejudice to our
other rights to cancel the contract or at our option to
effect partial performance.
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5. Assignment
and Sub-Contracts |
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5.1
We may assign or transfer to any other person any of our
rights, or to sub-contract all or any part of our obligations
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6. Termination |
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6.1
Without prejudice to any other claims or rights we may have,
we may immediately terminate this Agreement by notice if
you:
(a) misuse the Site or bring it into disrepute;
or
(b) enter into any form of insolvency including
without limit liquidation, bankruptcy, receivership, administration.
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7. Proper
Law |
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7.1
This Agreement is governed by the Laws of Republic of Ireland and
you submit to the exclusive jurisdiction of the republic of Ireland
Courts.
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8. Notices |
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8.1
Any notices to be served hereunder shall be sent by first
class post, fax or email. Notice shall be deemed served
on the second working day after posting.
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9. General |
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9.1
Headings in these Terms have been inserted for convenience
only and shall not affect interpretation or construction.
9.2 Any temporary waiver or indulgence by us in
exercise of our rights will not restrict us exercising any
of our rights at a subsequent date.
9.3 This Agreement contains the whole agreement
between us with respect to the subject matter hereof and
all other understandings, agreements, warranties, conditions
or representations, whether express or implied, statutory
or otherwise, are excluded to the fullest extent permitted
by law.
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10. Interruptions
and Omissions in Service |
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Whilst we try to ensure that the standard of this website remains
high and to maintain the continuity of it, the internet is not
an inherently stable medium, and errors, omissions, interruptions
of service and delays may occur at any time. We do not accept
any liability arising from any such errors, omissions, interruptions
or delays or any ongoing obligation or responsibility to operate
this website (or any particular part of it) or to provide the
service offered on this website. We may vary the specification
of this site from time to time without notice.
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11. Links to
other Sites |
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On this site you will be offered automatic links to other sites
which we hope will be of interest to you. We do not accept any
responsibility for or liability in respect of the content of
those sites, the owners of which do not necessarily have any
connection, commercial or otherwise, with us. Using automatic
links to gain access to such sites is entirely at your own risk.
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12. Information
on This Site |
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Whilst we make every effort to ensure that the information
on this site is accurate and complete, some of the information
is supplied to us by third parties and we are not able to check
the accuracy or completeness of that information. We do not
accept any liability arising from any inaccuracy or omission
in any of the information on this site or any liability in respect
of information on this site supplied by you, any other site
user or any other person.
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13. Your Use
of This Site |
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You may only use this Site for lawful purposes when seeking
employment or help with your career or when recruiting staff.
You must not under any circumstances seek to undermine the security
of the Site or any information submitted to or available through
it. In particular, but without limitation, you must not seek
to access, alter or delete any information to which you do not
have authorised access, seek to overload the system via spamming
or flooding, take any action or use any device, routine or software
to crash, delay, damage or otherwise interfere with the operation
of this Site or attempt to decipher, disassemble or modify any
of the software, coding or information comprised in the Site.
You are solely responsible for any information submitted by
you to this site. You are responsible for ensuring that all
information supplied by you is true, accurate, up-to-date and
not misleading or likely to mislead or deceive and that it is
not discriminatory, obscene, offensive, defamatory or otherwise
illegal, unlawful or in breach of any applicable legislation,
regulations, guidelines or codes of practice or the copyright,
trade mark or other intellectual property rights of any person
in any jurisdiction. You are also responsible for ensuring that
all information, data and files are free of viruses or other
routines or engines that may damage or interfere with any system
or data prior to being submitted to this site. We reserve the
right to remove any information supplied by you from the website
at our sole discretion, at any time and for any reason without
being required to give any explanation.
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14. Information
Submitted by You |
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We will use information supplied by you (including, without
limitation, sensitive personal data) to aid the recruitment
process and associated administrative functions. This involves
us, amongst other things, processing and storing information
(including, without limitation, sensitive personal data) and
passing or making available online such information to prospective
employers and clients; information about vacancies and placements
will be passed to candidates and may be posted directly onto
the website. We use third parties to help us process your information
as part of the recruitment process. We may collect and aggregate
data from the information supplied by you to help us to understand
our users as a group so that we can provide you with a better
service. We may also share aggregate information with selected
third parties, without disclosing individual names or identifying
information. You consent to us using information provided by
you (including, without limitation, sensitive personal data)
in each of these ways.
Please note that all Third Party recruitment agencies have
agreed to our Terms and Conditions and should they be found
to be in breach of the Terms and Conditions, they will be prevented
from using our services. Further details of our client terms
and conditions.
We will process any data which you provide in completing the
online registration or application forms and any further forms,
assessments or personal details which you complete or provide
to us when using this site in accordance with UK data protection
legislation. We explain more about your personal data in our
Privacy Policy.
Transfer outside the EEA: Personal information comprising your
CV may be accessed through the topjobs.co.uk database by third
parties outside the Economic European Area ("EEA").
This could happen for instance if you apply for a vacancy where
the employer is based outside the EEA. By registering and using
the topjobs PLC website, you consent to this transfer.
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15. Terms of
Business |
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Each employment assignment or placement arising as a result
of an introduction made by topjobs will be subject to our standard
Terms of Business as they are applicable in the circumstances.
All prospective employers and clients for whom we arrange assignments
or placements will be provided with a copy of the Terms of Business
applicable to them at or following registration.
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16. Content
Rights |
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The rights in material on this site are protected by international
copyright, software and trademark laws and you agree to use
this site in a way which does not infringe these rights. You
may copy material on this site for your own private or domestic
purposes, but no copying for any commercial or business use
is permitted.
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17. Security
and Passwords |
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In order to register with this site and to sign in when you
visit the site, you will need to use a user name and password.
You are solely responsible for the security and proper use of
your password, which should be kept confidential at all times
and not disclosed to any other person. You must notify us immediately
if you believe that your password is known to someone else or
if it may be used in an unauthorised way. We accept no liability
for any unauthorised or improper use or disclosure of any password.
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18. Termination |
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We may terminate your registration and/or deny you access to
the site or any part of it (including any services, goods or
information available on or through the site) at any time in
our absolute discretion and without any explanation or notification.
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19. Liability |
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We accept no liability for any loss (whether direct or indirect,
for loss of business, revenue or profits, wasted expenditure,
corruption or destruction of data or for any other indirect
or consequential loss whatsoever) arising from your use of the
site and we hereby exclude any such liability, whether in contract,
tort (including for negligence) or otherwise. We hereby exclude
all representations, warranties and conditions relating to this
website and your use of it to the maximum extent permitted by
law.
You agree to indemnify us and keep us indemnified against all
costs, expenses, claims, losses, liabilities or proceedings
arising from use or misuse by you of this site.
You must notify us immediately if anyone makes or threatens
to make any claim against you relating to your use of this site.
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20. Choice
of Law and Jurisdiction |
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Topjobs PLC Registered Office
8 Copthall. PO Box 2324. Roseau. Commonwealth of Dominica.
European Regional Office:
39 Dame Street
Dublin 2
Ireland.
The use of this website and any agreements entered into through
this website are to be governed by and construed in accordance
with international law.
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21. Changes
to Terms and Conditions and Invalidity |
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These website terms and conditions may be changed by us at
any time. You will be deemed to accept the terms and conditions
(as amended) when you next use this site following any amendment.
If any provision of these terms and conditions is held to be
invalid by a court of competent jurisdiction, such invalidity
shall not affect the validity of the remaining provisions, which
shall remain in full force and effect.
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